CUSTOMARY COURTS: PRESERVING FUNDAMENTAL HUMAN RIGHTS BY SUBJECTING TRADITIONS, CUSTOMARY LAWS AND NATIVE REALITIES TO THE REPUGNANCY AND COMPATIBILITY TESTS IN THE PROTECTION AGAINST SEXUAL AND GENDER BASED VIOLENCE
CUSTOMARY COURTS: PRESERVING FUNDAMENTAL HUMAN RIGHTS BY SUBJECTING TRADITIONS, CUSTOMARY LAWS AND NATIVE REALITIES TO THE REPUGNANCY AND COMPATIBILITY TESTS IN THE PROTECTION AGAINST SEXUAL AND GENDER BASED VIOLENCE BY EHUSANI ABEL SIMPA [1] We may not want to hear about consequences in this day and age, but the truth still stands – if we let our selfish passions have their way, it will only be a matter of time before negative consequences begin to manifest. Tears and sorrow can never wash away the consequence for wrongdoing. Crying and wishing things were different doesn’t change a person’s life. Changing one’s character changes one’s life. - Robb Thompson [2] INTRODUCTION There are realities that are peculiar to the culture and tradition of people who subscribe to or are made subject to their applications by factors relevant to them. Customary laws are intrinsically unwritten which makes them only ever appropriately identifiable by their usage and when